What is a Departure?

In Minnesota, a sentencing departure refers to a situation where a judge deviates from the presumptive sentence recommended by the Guidelines. A departure can be either upward (a harsher sentence than recommended) or downward (a more lenient sentence than recommended). Judges have the authority to grant a departure if they find that substantial and compelling circumstances exist that warrant a sentence different from the presumptive sentence outlined in the guidelines. 

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